Let rule of law prevail in ‘Poleteismo’ controversy

The uproar generated by the exhibit depicting a “religious image-cum-genitalia” has drawn battle lines separating two groups.

One group, reflecting the sentiments of the overwhelming majority, invokes offense against the country’s dominant religion, sacrilege, obscenity, insensitivity, questionable art and criminal offense. The other, led by the board and management of the Cultural Center of the Philippines (CCP) and supported by some artists, assert freedom of expression and appreciation of the arts.

But the polemics that have engulfed the exhibit dissolve into a singular governance issue that renders all other arguments subordinate. Was the exhibit, in fact, a criminal offense under the law? That is the central issue for President Aquino and the administrators of justice.

Article 201 of the Revised Penal Code provides for a penalty of six to 12 years for “obscene” exhibits that, among others, “offend any…religion,” are “contrary to…morals and good customs.”

Dictionary.com defines “obscene” as “offensive to morality or decency,” “abominable,” “disgusting,” “repulsive,” and “offensive or outrageous to accepted standards of decency or modesty.”

Does the CCP exhibit fit into the definitional elements of the law and ordinary common usage? Let the judicial process address that issue.

It is incumbent on the part of P-Noy to direct the Department of Justice to investigate the violation of a criminal provision of the law. The Ombudsman, too, should look for any such violation. Seeking the resignation of the board and management represents a gesture of appeasement of the national hurt. But it skirts the issue of upholding the rule of law.

The CCP head asserted that she would not resign, and she defiantly threw the gauntlet by saying: “They have to take me out.”

Let the rule of law prevail. The hallmark of progressive nations is the preeminence of the rule of law. May that be so under the leadership of P-Noy.

—PETER MONTEREY,
[email protected]